Towns of Port Elgin and Southampton (Re), 1994 ONCPC 4002

ONTARIO CIVILIAN COMMISSION ON POLICE SERVICES

Citation: 1994 ONCPC 4002

IN THE MATTER OF an application by the Towns of Port Elgin and Southampton for the amalgamation of their respective Police Services.

Presiding Members: Murray W. Chitra, Chair

Alok Mukherjee, Member

Appearances:

George Magwood, Solicitor for Police Services Boards and Municipal Councils of Port Elgin and Southampton Larry Cooper, Southampton Police Association

John Bricker

Hearing Date: Wednesday, October 19, 1994

Background:

The towns of Port Elgin and Southampton are two well established communities on the eastern shores of Lake Huron. They are located along Highway 21, separated by a distance of eight kilometres. According to the 1991 census the population of Port Elgin is 6,857 and Southampton is

3,118.

For a number of years both towns have operated separate police services. These services have maintained their own budgets, staff and operated under the direction of separate Police Services Boards.

For the calendar year 1994 the authorized budget of the Port Elgin Police Service is $898,299. This supports a complement of 11 uniformed officers and 1.4 civilian staff. The per capita cost of policing for the citizens of Port Elgin is $131.

For the same time period, the authorized budget of the Southampton Police Service is $479,166. This supports a complement of 6 uniformed officers and 1 civilian employee. The per capita cost of policing for Southampton is $153.

During the course of 1994 the Police Services Boards of both Port Elgin and Southampton entered into the process of considering alternative ways of providing policing services to their communities.

This was motivated by a number of factors. These included changing community expectations, increased costs and the growing need for specialized policing expertise.

The Process:

To this end, the Police Services Boards of Port Elgin and Southampton authorized the creation of a Steering Committee in the spring of 1994. The mandate of the Committee was to consider policing alternatives, with a particular focus on the possible amalgamation of the two forces.

The Committee itself was composed of six members. This included two representatives from both towns' Police Services Boards, the Chief of Police of each community, and a representative from both forces' Police Associations.

The activities of the Committee were supported by a number of working groups. The Committee was advised by the Clerks of both Municipalities and representatives from the Police Support Programs Branch of the Policing Services Division of the Ministry of the Solicitor General and Correctional Services.

With the discipline of a clearly established schedule, the Committee and its various working groups focused on a number of key issues. These included:

• administration and cost sharing

• budget

• staffing

• scheduling

• contracts

• Police Services Board structure

• location and name

• non-monetary advantages

• Ontario Provincial Police alternative

After much work, the Committee prepared a draft report with a series of clear conclusions and recommendations.

The draft report was presented to citizens of Port Elgin and Southampton at a well attended public meeting on August 6, 1994. Following community input a final version of the report was tabled with both Municipal Councils and Police Services Boards for their consideration.

The Report:

The final report of the Steering Committee is comprehensive.

It endorses the importance of local policing to the communities of Port Elgin and Southampton. It

embodies a clear commitment to maintaining a police service which reflects both local needs and circumstances.

At the heart of the proposal are eight key recommendations. They are as follows:

1. That the Port Elgin and Southampton Police Services combine to form one police service under one Police Services Board and one Police Chief.

2. That the cost of this joint police service be shared on a 65%/35% basis (Port

Elgin/Southampton).

3. That this joint service be called the Southampton-Port Elgin Police Service.

4. The composition of the Southampton-Port Elgin Community Police Services Board be seven members for two years, reducing to five members thereafter and that the Board costs be shared equally between the municipalities.

5. That the Chief of the shared service be Paul Brown, Chief of Port Elgin Police Service.

6. That the administration of the Police Service be provided by the municipality of Port Elgin.

7. That the headquarters for the Southampton-Port Elgin Community Police Service be the current police station in Port Elgin.

8. That a sub-office be maintained in the current location of the Southampton Police Service.

The proposed total budget of the combined police service is a figure between $1,301,929.00 and

$1,375,566.00 (depending on the use of part-time staff). This would translate into a per capita cost of approximately $137, which compares favourably with the policing costs of communities of a similar size.

The cost of the service would be shared on a 65%/35% basis. These figures were arrived at on the basis of a formula comparing the population, number of dwellings and the revenue base of both communities. This cost sharing arrangement would be subject to periodic review.

The proposed complement of the combined service is 16 full-time uniformed officers and 2.4 civilians. This would represent a reduction of one full-time uniformed complement from the existing forces. However, given current vacancies all existing staff, both uniformed and civilian would be guaranteed employment in a combined service. Part-time officers would be used to meet any pressing demands.

The proposed structure of the combined service would entail a single Chief of Police, one Inspector and two Sergeants who would be responsible for separate squads of 6 constables. Clerical and other support staff would report directly to the Chief of Police.

It is also proposed that officers of the combined service would work rotating shifts in each community, so as to develop a familiarity with both towns and their citizens. Twenty-four hour-a- day policing would be introduced to Southampton and maintained in Port Elgin.

Identified Advantages:

Apart from the potential for cost savings in an amalgamated structure, a number of other advantages were identified. These included:

1. Improved scheduling.

2. Improved flexibility and in-depth deployment of staff.

3. Improved Court scheduling.

4. Enhanced coverage when required.

5. Possible reductions in purchasing costs, through quantity buying.

6. Enhancement for officers regarding job satisfaction and potential for staff promotion.

7. Improved training opportunities.

8. No duplication in meeting Provincial and Federal legislation.

9. Enhanced protection for Officers on duty.

10. Supervisory availability.

11. Eliminate duplication of equipment.

12. Ability to purchase specialized equipment, not always affordable to small Police Services.

13. Elimination of duplicate investigations resulting, again, in better deployment of staff.

14. Constant police coverage over shift changes and lunch breaks, court appearances, prisoner escorts, etc..

15. Police Officers working in all areas with different prospective would enhance enforcement.

Community Response:

The response of the public to the proposed amalgamation of the Port Elgin and Southampton Police

Services on the basis proposed by the Committee has been highly favourable.

This was reflected in the positive response of the community at the public meeting held on August

6th and in submissions made to the Commission at its open hearing at Port Elgin on October 19th.

We were presented with resolutions passed by the town councils of both Port Elgin and Southampton adopting the eight key recommendations of the Steering Committee. Similar endorsements were tabled on behalf of the Police Services Boards of both Municipalities.

As well, we were presented with letters of support from the Southampton Property Owners Association, the Southampton Beach Association, the Acting Chief of Police of Southampton and the Chief of Police of Port Elgin.

Letters were also tabled on behalf of the Police Association of both police services. The correspondence from the Port Elgin Police Association indicates that a majority of their members "express a positive position in regards to the proposal". The Southampton Police Association also concurs with the amalgamation subject to certain concerns about the authorized staffing level of the combined force and an expressed desire to see new collective agreements in place prior to amalgamation. As well, a request was made that the Commission conduct a study of the staffing needs of the new service.

One citizen did come forward and expressed the view that the amalgamation of the two forces would be costly. He suggested that policing services should be provided by the Ontario Provincial Police.

The Police Services Act

Section 6 of the Police Services Act R.S.O. 1990, c. P.15 provides that two or more municipalities may enter into an arrangement to amalgamate their police forces.

The formal means of such an amalgamation is an agreement or contract. According, to section 6(2)

of the Act, such an agreement must deal with:

"(a) the establishment and composition of a board for the amalgamated police force;

(b) the amalgamation of the police forces and the appointment or transfer of their members;

(c) the amalgamated board's use of assets and its responsibility for the liabilities associated with the police forces;

(d) the budgeting of the cost for the operation of the amalgamated police

force;

(e) any other matter that is necessary or advisable to effect the amalgamation."

Section 6(3) of the Act provides that an agreement "does not take effect until the Commission has approved the organization of the amalgamated police force".

The Proposed Agreement:

Following the acceptance of the key recommendations of the Steering Committee the Towns of Port Elgin and Southampton entered into negotiations. The result of this process was a proposed amalgamation agreement. This document was approved by the Corporation of the Town of Port Elgin by By-Law Number 45-94 on October 17, 1994. It received similar approval from the Corporation of the Town of Southampton by By-Law 49-94 the next day.

It is this agreement which is the subject of these proceedings. A copy is attached to this decision as Schedule "A". This document, in 17 sections deals with such matters as the establishment of the amalgamated Board and Service, the division of assets and liabilities, the funding of the combined service and Board and the manner in which this is to be shared and paid, the financial administration and budget process, the commencement and termination of the arrangement and the manner in which any dispute which might arise, will be resolved.

Analysis:

We have had an opportunity, both during the course of the hearing and with our subsequent review of the materials submitted, to consider the proposed amalgamation of the Port Elgin and Southampton Police Services.

It is clear to us, that this proposal is both well considered and founded. The process undertaken by the Port Elgin and Southampton Police Services Boards was thorough and comprehensive. It looked at all aspects of a possible amalgamation and took into account potential alternatives. In our view, the process undertaken in this case could well serve as a model for other communities considering the amalgamation of their police services.

Further, it is self evident that there are significant advantages to the communities of Port Elgin and Southampton in the proposed merger of police services. These advantages not only relate to cost, but to the ability of both municipalities to provide a modern police service which meets the needs of their citizens.

It is also quite clear that the proposal is supported by most residents, the two municipal councils and

Police Service Boards, and present Chiefs of Police and the local Police Officers Associations.

There is little doubt to us that the combined service as proposed should have the means to provide adequate, if not enhanced policing services to both towns. In this regard we are certainly mindful of the concerns expressed by the Southampton Police Association about complement. It is our view, however, that this is a matter best left to the new Police Services Board and Chief of Police. Whether or not additional complement are required, or part-time positions should be converted to full-time is a question which would benefit from a period of practical experience under an amalgamated system.

The proposed amalgamation agreement is similarly well-founded. It addresses the considerations set out in section 6(2) of the Act. There are, however, two aspects of the proposed agreement which warrant comment. These relate to the creation of an interim Police Services Board and its longer term membership.

Specifically, Article 2(c) of the proposed agreement states:

"(i) Upon the approval of this agreement by the Ontario Civilian Commission on Police Services, an interim Southampton-Port Elgin Police Services Board shall be created, consisting of the members of the present Southampton Police Services Board and the Port Elgin Police Services Board.

(ii) The interim Southampton-Port Elgin Police Services Board shall perform the duties and may exercise the powers that the Police Services Act imposes and confers on Police Services Boards.

(iii) The interim Board shall cease to exist upon the final establishment of a Police Services Board as provided for in paragraph 2(a) of this agreement."

With the greatest of respect to the submissions of Mr. Magwood, there is nothing in our view in the Act which would authorize this Commission to sanction or approve the creation of an "interim" board with decision making authority.

The appointment of members to Police Services Boards flows from the provisions of the Act. Such offices either arise from Order-in-Council appointment or by virtue of municipal office.

Section 6(4) of the Act provides that "appointments to a board for an amalgamated police force may be made before an agreement takes effect". This would certainly, suggest that members to an amalgamated Police Services Board could well be appointed in the ordinary course prior to an agreement taking effect. However, it is doubtful that such a Board would have the authority to enter into binding agreements prior to an amalgamation taking effect.

Similarly, Section 33 of the Act permits Police Services Boards with the agreement of their local councils to constitute a joint board. Again, while a joint Board could be established

this would take time and it seems to us doubtful that such a Board could bind its successor.

As a practical matter, it would be our suggestion that the Police Services Boards of Port Elgin and Southampton continue their cooperative efforts and to the greatest extent possible undertake the necessary ground work for their successor Board. Thus for example, draft collective agreements could be presented to the newly appointed Southampton-Port Elgin Police Services Board on the date of amalgamation for formal approval.

A second aspect of the proposed agreement also warrants comment. Articles 2(a) and (b) propose that the initial Southampton-Port Elgin Board be composed of seven members. The process of reducing the Board to five members would commence at the end of two years.

Normally, only municipalities with populations of 300,000 or more have Police Services Boards of seven members. Municipalities with populations under 25,000 have either three or five member Boards. The two current Boards have six members between them.

Mr. Magwood has indicated to us, that it was felt that a seven member board would greatly facilitate the transition of the two forces into an amalgamated service. In particular, there are a number of new rules, by-laws, policies and guidelines to be developed in a short timeframe. We have some sympathy with this explanation and would endorse the concept of a seven member board, consisting of five Order-in-Council provincial appointees and two municipal representatives, for a period of two years from amalgamation.

A municipality of this size normally has a three-member Board, but this complement can be increased to five by a simple resolution passed by municipal council. Most municipalities have opted for this arrangement - three provincial appointees and two municipal representatives. Mr. Magwood indicates that a five member Board would better reflect the interests of Southampton-Port Elgin and we accept this logic.

Decision:

To conclude, we are much impressed by the work and effort which has gone into the proposed amalgamation. Those involved are to be commended and congratulated.

Subject to the comments made above, with respect to Article 2(c), pursuant to our authority under Section 6(4) of the Police Services Act, we hereby approve the amalgamation of the police services of the Corporations of the Towns of Port Elgin and Southampton.

This will be effective Wednesday, January 4, 1995.

DATED THIS FIRST DAY OF NOVEMBER, 1994.

Murray W. Chitra, Chair

Alok Mukherjee, Member